FILMED ENTERTAINMENT Revenue and cost recognition Agenda • • • • • • • • Revenue recognition Ultimate revenues Cost amortization Participations and residual expense Other expenses Impaired films and TV shows Development cost write downs Tax incentives/credits RECAP – LIFE CYCLE OF A FILM OR TV SHOW Current release windows of a film Licensing and Merchandising Free TV (network & syndicated) Pay TV PPV/VOD Home Entertainment (DVD, Blu-ray) Digital Media Theatrical 3 6 9 12 15 18 21 24 27 30 33 36 (months) • • • • • Network Cable Home entertainment Syndicated TV New media Digital Media TV show markets REVENUE RECOGNITION Revenue recognition • Guidance: ASC 926 (SOP 00-2) and ASC 605 (SAB 104, FAS 48) • Five revenue recognition criteria, as defined in ASC 926: – Persuasive evidence of sale or licensing agreement with customer – Film or TV show completed and available for delivery (not necessarily physical delivery) – License period has begun and customer can begin exploitation, exhibition or sale – Fee is fixed or determinable – Collection of fee reasonably assured • If an entity does not meet any one of the preceding conditions, the entity should defer recognizing revenue until all of the conditions are met Revenue recognition - theatrical • Revenues recognized over the exhibition period • If MG or advance received before exhibition date, defer and recognize in accordance with ASC 926 • Settlement rates and “film rentals” • International markets Revenue recognition – home entertainment • Revenue not recognized until “street date” • All criteria of ASC 926 must be met • Shipping considerations (FOB shipping point / destination) • Reserves (contra-revenue) must be recorded and inventory must be adjusted Revenue – home entertainment – reserves • Returns reserves (must have ability to estimate) – New release – Catalog – Inventory adjustment component • • • • Price protection Slotting fees Charge backs Co-op advertising Revenue recognition – PPV / VOD • All criteria of ASC 926 must be met • Recognized as subscribers access (buy) film from cable / satellite company • May require reporting from provider for revenue recognition (estimable license fee) Revenue recognition – Pay TV • All criteria of ASC 926 must be met • Recognized as film becomes available • Output deals – contain terms, including revenue (generally based on box office) • Allocation of license fee – multiple windows Revenue recognition – Free TV • All criteria of ASC 926 must be met • Generally recognized when film is available to the network • Terms included in agreement – output or “one off” • May require allocation to multiple windows Revenue recognition – Licensing & merchandising • All criteria of ASC 926 must be met • Usually subject to advances and/or MGs • MG generally recognized when film is available in the theatrical market • Overages/royalties based on statements from licensee • Cash vs. accrual basis Revenue recognition – TV shows • Same criteria as for films • License fee on a per-episode basis • Revenue generally recognized as each episode is delivered • License fees paid over more than one year must be discounted Revenue recognition – other considerations • Cross collateralization – If cannot allocate, recognized on an “earn out” basis ULTIMATE REVENUES Ultimate revenues - Film • Markets include revenues from: – – – – – – Theatrical (U.S. and Non-U.S.) PPV / VOD SVOD Home entertainment Pay TV Free TV (network & syndication) • Includes revenue estimates up to 10 yrs from initial theatrical release • Should not include revenues from unproven territories or markets • Discounting not allowed except in certain situations Ultimate revenues – Episodic TV • Markets include revenues from: – TV license fees – Home entertainment – SVOD • Includes revenue estimates up to the later of: – 10 yrs from date of delivery of first episode or, – If still in production, 5 yrs from date of delivery of most recent episode • Include estimates of secondary market sales only if company can demonstrate history of success COST AMORTIZATION Cost amortization basics • Individual film forecast (IFF) method, as stipulated in ASC 926 (SOP 00-2) • Cost amortization is based on estimated gross margin for the life of the film • Estimated gross margin may change throughout life, which may affect cost amortization in period change occurs Amortization calculation • Year 1 Yr. 1 revenues Ultimate revenues Ultimate costs Costs to amortize Ult costs to go Costs to amortize • Year 2 Yr. 2 revenues Ult revs to go Amortization calc – Example – Yr 1 Yr. 1 Ultimate Revenues (total) Ultimate Costs (total) Ultimate Gross margin Actual Revenues: Yr. 1 revenues Ultimate revenues 20 60 $ 60 40 20 20 Ultimate costs 40 Costs to amortize 13 Recording amortization – Year 1 Cost of revenues (Amortization expense) $13 Capitalized film costs (Accumulated amort) $13 Record Year 1 amortization expense Amortization calc – Example – Yr 2 Ultimate Revenues (total) Ultimate Costs (total) Ultimate Gross margin Actual Revenues: Actual Costs Amortized: Yr 1 $ 60 40 20 20 13 Yr. 2 revenues Ult revs to go Ult costs to go 15 40 27 Yr 2 (to go) $ 40 27 13 15 ? Costs to amortize 10 Recording amortization – Year 2 Cost of revenues (Amortization expense) $10 Capitalized film costs (Accumulated amort) $10 Record Year 2 amortization expense Amortization calc – Example – Yr 2 (revised ultimate) Yr. 1 Ult Yr. 2 Ult Ultimate Revenues Ultimate Costs Ultimate Gr. margin Actual revenues: Actual costs amortized Yr. 2 revenues Ult revs to go 15 35 60 40 20 20 13 Yr. 2 (to go) (revised) 55 40 15 Ult costs to go 27 (revised) 35 27 8 15 ? Costs to amortize 12 Recording amortization – Year 2 (revised ultimate) Cost of revenues (Amortization expense) $12 Capitalized film costs (Accumulated amort) $12 Record Year 2 amortization expense – revised ultimate CASE STUDY PART 2 PARTICIPATIONS Participations – overview • Contingent compensation for creative talent (actors, writers, directors, producers) • Expensed using IFF method (based on ultimates) • Amounts paid, if any, are based on contractually agreed-upon formulas and cash received (not revenue recognized) • Formulas vary depending on star power of talent (gross deal vs net deal) Participations – overview • Agreements typically include: – Revenues to be included (music, merch, etc) – Percentages to be used (2.5% of net profits) – Producer’s recoupment of direct and indirect production costs – Producer’s recoupment of exploitation costs – Reporting periods and payment terms – Audit rights Participations – common terms • • • • • • • • Gross receipts Distribution fees Production costs and production interest P&A, marketing and distribution costs (exploitation costs) Adjusted gross receipts Net receipts Break even (first, second, rolling) Bonuses and deferments Sample participation calculation DIST FEES % 30% 38% n/a n/a 30% 25% 35% 40% $ 49,500 72,200 4,350 2,500 6,300 10,800 REVENUES YR 1 Total Ultimate Revenues Domestic Theatrical International Theatrical Domestic HE (@ 20%) Int'l HE (@ 20%) Pay Television Network Domestic Syndication Int'l Syndication $ 165,000 190,000 17,000 10,000 14,500 10,000 18,000 27,000 451,500 (11,800) 85,000 50,000 LESS: Residuals and other deductions ADJUSTED GROSS RECEIPTS (AGR) 439,700 Production Costs: P&A: (209,500) (160,000) BREAK EVEN (BE) (369,500) AGR in excess of BE Distribution Fees NET RECEIPTS 567,500 70,200 (145,650) $ (75,450) Participation calculation example Year 1 MALE STAR (Gross) 2% AGR LESS: Advance $ 8,794 (250) 8,544 FEMALE STAR (Gross) 1% AGR to BE 3% AGR after BE LESS: Advance 3,695 2,106 (500) 5,301 DIRECTOR (Gross) 2% Adjusted Gross up to $100 million 3% Adjusted Gross over $100 million 2,000 10,191 12,191 WRITER (Net Receipts) 2% of Net Receipts SUPPORTING CAST (Gross) 1% Adjusted Gross over $100 million 3,397 3,397 SUPPORTING CAST (Net) 2% of Net Receipts - ADVANCES Male Star Female Star 250 500 750 ULTIMATE PARTICIPATIONS $ 30,183 Participations – Example – Yr 1 Yr. 1 Ultimate Revenues (total) Ultimate Participation Costs $ 567,500 30,200 Actual Revenues: Yr. 1 revenues Ultimate revenues 362 567.5 362,000 Ultimate costs 30.2 Costs to amortize 19.3 Recording participations Costs of revenues (Participation exp) $19.3 Accrued participations $19.3 Record Year 1 participation expense and related liability RESIDUALS Residuals – Overview • Additional compensation for “ancillary” markets (DVD, pay TV, cable, network TV, etc) • Residuals based on percentage of gross revenues received by a distributor from ancillary markets • Residuals for TV shows based on original salary paid during the production and are not paid on the initial airing of the show (only on “re-runs”) • Union or “guild” specific • Payments made to individuals or to the guilds on behalf of members Residuals – Overview • Guilds in TV and film: – Screen Actors Guild (SAG*) – represents motion picture actors – American Federation of Television and Radio Artists (AFTRA*) – represents television actors and radio personalities – Directors Guild of America (DGA) – represents directors – Writers Guild of America (WGA) – represents writers – American Federation of Musicians (AFM) – represents musicians – International Alliance of Theater and Stage Employees (IATSE) – represents production crew and administrative staff * SAG and AFTRA recently merged Residual rates – Motion pictures Percentages used for residual calculation: Guild SAG DGA WGA AFM IATSE Pension rate P/R Tax Potential residual rate Pay/ HE HE Basic Free TV 1st $1M > $1M Cable 3.60 1.20 1.20 1.00 5.40 0.45 0.59 4.50 1.50 1.50 1.00 6.75 0.56 0.73 5.40 1.80 1.80 1.00 8.10 0.68 0.88 3.60 1.20 1.20 1.00 5.40 NA NA 13.44 16.54 19.66 12.40 Residual rates – TV shows Percentages used for residual calculation: Guild SAG/AFTRA DGA WGA AFM IATSE Network SyndiRe-run cation (% of appl. minimum) 2 50% 2 40% 3 40% 3 30% 4-6 25% 4-6 25% 7-10 15% 7-10 15% 11-12 10% 11-12 10% 13+ 5% 13+ 5% NA NA NA NA Pay/ HE Free TV 1st $1M (same % as films) Basic cable 3.6 1.2 1.2 4.5/5.4 1.5/1.8 1.5/1.8 6.0 2.0 2.0 1.0 5.4 1.0/1.0 6.75/8.1 NA NA Residuals – Overview • Pro-ration for filming outside the U.S. • Some states are “right-to-work” states (nonunion) • SAG/AFTRA applies no matter where actor works • Range from 12.5% - 20% of revenues generated in ancillary markets • Fringe benefits (payroll tax, pension, health & welfare benefits) can add another 25% surcharge to residual payments Residuals – Guild audits • Guilds conduct periodic audits of film and TV producers • Specialized firms do most audits • Industry-wide litigation regarding various practices employed by film producers when calculating residuals – Percentage of home entertainment revenues subject to residual payments – Allocation of minimum guarantees Residuals calculation Residuals Ultimate Pay TV Network & Basic Cable Domestic Syndication Int'l Syn Total Free & Pay TV Ult Rev Rate (all guilds) Sub Total Ultimate Residuals Domestic HE @ 20% Int'l HE @ 20% Total Video All Video 1st $1M Rate (all guilds) Ultimates Residuals HV $1M Video > $1M Rate (all guilds) Ultimates Residuals HV > $1M Total Ultimate Residuals $ 85,000 50,000 Yr 1 14,500 10,000 18,000 27,000 48,211 13.44% 6,480 17,000 10,000 27,000 1,000 16.54% 165 26,000 19.66% 5,112 $ 11,757 Residuals – Example – Yr 1 Yr. 1 Ultimate Revenues (total) Ultimate Residuals Costs Actual Revenues: Yr. 1 revenues Ultimate revenues 362 567.5 $ 567,500 11,800 362,000 Ultimate costs Costs to amortize 11.8 7.5 Recording residuals Costs of revenues (Residuals expense) Accrued residuals $ 7.5 Record Year 1 residuals expense and related liability $ 7.5 OTHER EXPENSES Other expenses • DVD inventory – Manufacturing costs – Obsolescence reserves (don’t forget about units added back as part of returns reserve calculation) • Prints – capitalize and amortize vs. expense • Advertising – ASC 720-35 (SOP 93-7) – Expense as incurred or – Upon first airing ULTIMATE COSTS Ultimate costs – Film and episodic TV • Estimated total costs directly associated with generation of ultimate revenues • Production (or acquisition) costs – Negative costs – Capitalized overhead – Capitalized interest • Participations and residuals • Other considerations TAX INCENTIVES AND CREDITS Tax incentives and credits • Offered by various cities, states and countries to entice filming in their locale • Treated as a reduction to film costs • Timing of recording IMPAIRED FILMS AND TV SHOWS Impaired film / TV show costs • Pre-release write down • Impairment after release of film • Certain events or changes in circumstances may indicate company should assess whether product is impaired (fair value less than unamortized film costs): • • • • Film performance Costs in excess of budget Delays in completion or release schedules Insufficient funding or resources to complete film and market it effectively Impaired film / TV show costs • If there is indication product is impaired, must determine fair value of film and write off amount by which unamortized capitalized costs exceed fair value • If film already released, calculate and record IFF amortization first, then calculate impairment • Discounted cash flow analysis DEVELOPMENT COST WRITE DOWNS Development cost write downs • Presumption that if a film has not been set for production within 3 years of first capitalized cost, it will be disposed of • Write off required (assumes fair value of $0) • What about films with a longer production period (e.g. CG animation)? CASE STUDY PART 3